Chapter 15, Part II Iran-Contra. What are the Underlying Events? Iran and Israel Iran and Iraq Lebanon Nicaragua.

Chapter 15, Part II

Iran-Contra

What are the Underlying Events?

Iran and Israel Iran and Iraq Lebanon Nicaragua

Iran and Israel - 1980

What has just happened in Iran that has changed its long term policies?

Why is Israel dealing with Iran? Where do the arms come from that Israel is

providing to Iran? Did Congress intend this? Are there legal restrictions on this traffic?

Iran and Iraq

What was our relationship with Iran before Shah fell?

Which US official was friendly with Iraq? Were we already supporting the transfer of arms

to Iran? Were we supplying arms to both sides at one

point?

Lebanon

What is riveting attention on Lebanon? Why is the US in Lebanon? What has been the history of Lebanon since Iran-

Contra?

Nicaragua

US Marines stabilize US friendly government from 1912-1933

Opposed by Augusto C. Sandino In 1933, Sandino is part of a three way government with

Somoza Somoza kills Sandino and his family rules until forced out

by Sandinista rebels in 1979 US opposes Sandinistas, supporting Contra rebels, even

after Sandinistas are elected in 1984 Sandinistas lose elections in 1990 and are out of power

until they win again in 2006

Political Constraints on Regan

Why can't Regan openly support Iran? Why is Congress so opposed to supporting the

Contras in Nicaragua? Why does Israel want to keep its support of Iran

secret? Who broke the story and when?

The Original Deal

What was the deal proposed by the Israelis that linked Iran and the Contras?

What was the objective of the deal? What is the downside of this sort of deal ? What about buying back slaves in Africa? Why did the Contras get added to the deal?

Was the Arms Sale to Iran Legal?

Can the president authorize the sale of arms to Iran (through Israel) as part of his inherent constitutional powers?

Would this be easier to justify if the sale has been direct to Iran?

Hostage Act

What was the original intent of the Hostage Act? Does it matter that the hostages were held by a

different country than Iran? What provision of the Hostage Act was ignored?

Arms Export Control Act

What does the AECA require before foreign arms sales? the transfer ‘‘will strengthen the security of the United

States and promote world peace,’’ and unless the transferee agrees in writing not to further transfer the items without obtaining the consent of the President.

What did Secretary of State Schultz determine in 1984 that complicates the use of the Arms Export Control Act and other legal authorities?

Was Israel respecting the no secondary transfer requirement?

Does the AECA Control?

What classification did the president use to get out from under the Arms Export Control Act?

But may the President avoid the AECA simply by labeling an arms transfer as a covert action?

Covert Acts under the National Security Act

What must the president do to trigger the right to use covert action under the National Security Act?

Who must he report to? When did Regan say he was required to comply

with the reporting requirement?

Using the Economy Act Through the National Security Act

What does the Economy Act provide? What are the limitations of the Economy Act? Is it open ended, allowing the president to

rearrange the federal budget?

The Contras

What finding did Regan make on 1 Dec 1981 and convey to the Congressional intelligence committees?

What was the stated purpose of this finding? ...interdiction of arms shipments from

Nicaragua to the leftist insurgents in El Salvador...

Was this limit respected?

Boland Amendments

What was the purpose of the Boland Amendments?

What were the Congressional conflicts over the Amendments?

How is this like the debate over limiting actions in Iran?

How is this different?

Boland II

What did Boland II provide? What prompted this amendment? What did Congress think the amendment meant? Are there constitutional limits on acts such as the

Boland Amendment? There is no penalty provision in the Boland

amendment - does it need one?

Interpreting Boland

First, does the language ‘‘any other agency or entity’’ cover only agencies traditionally involved in intelligence operations, or does it also apply to any entity that is actually so involved?

Second, does ‘‘involved’’ encompass indirect support? Third, does the phrase ‘‘no funds available’’ apply only to

the then-current DOD appropriation or to all government funds?

How did the White House try it take advantage of its interpretation questions to get around Boland II?

Funding for Covert Operations

How does Congress provide funding for special forces so that they there is no detailed information about them in the budget?

Was it appropriate for the White House to use this money when the Congressional appropriations ran out for supporting the Contras?

The Funding Restrictions

What did the GAO report on government contracting say about the White House theory that the "no funds" provision only applied to funds in the defense appropriations bill that the Boland Amendment was part of?

Why might congress have used "no funds" rather than language about specific appropriations?

Putting aside policy and constitutional considerations, why is it a bad idea to allow private funds to avoid Congressional budget limitations?

The President's Involvement

What did Regan say about what he knew and authorized?

How did this defuse the impeachment issue? What was later support for this position? If there are no presidential findings, where does

this leave the legal status of these activities, even if they might have been legal with presidential findings?

The Iran-Contra Affair in the Courts

US v. Terrell, 731 F.Supp 473 (1989)

What was the prosecution based on? Why did the defendants say the Act did not

apply? What was the factual support for their claim? What did the court find?

The Independent Counsel

The attorney general (Meese) requested an independent counsel

Judge Lawrence Walsh was appointed Became a huge project Indicted Poindexter, North, Secord, and Hakim

Conspiracy to violate the Boland Amendment Obstruction of justice Money crimes related to improper expenditures

Problems with the Prosecutions

Complicated because they had been granted immunity so they would testify before congress Did congress intend to stop the prosecution? Is it better to have the hearing or a conviction?

The white house refused to turn over classified documents requested by North's attorneys, resulting in the dismissal of most of the money crimes

Is criminal prosecution appropriate?

Nuremberg Defense

Why is it called the Nuremberg defense? Was North just carrying out the president's policy? What is the advantage of not protecting the individuals

who carry out the policy? What did the appeals court say about North's requested

instruction that authorization by his superiors was a complete defense?

When did the appeals court say this might be a defense? North played it as a patriot caught up in technicalities and

made the fall guy by higher ups.

The Outcomes

North and Poindexter were convicted The convictions were thrown out on appeal because

they depended in part on immunized testimony The independent counsel did not re-prosecute, finding

it impossible to prove the case without running into immunity.

McFarlane pleaded guilty to misdemeanor charges of withholding information from Congress. He was pardoned by Bush.

Casper Weinberger was pardoned, foreclosing trial. Six were pardoned, 5 after convictions.

Intelligence Authorization Act of 1991

What are the limits on covert action? What are the directions on notification to avoid long

delays? Did the president say that he would always report? What provision might violate INS v. Chadha? Does reporting to the intelligence committees constitute

notice to Congress? What are the powers of the new IG under the act? Will the Act make any difference?